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PERFORMANCE UNLIMITED v. QUESTAR PUBLISHERS, INC.

No. 94-6271.

52 F.3d 1373 (1995)

PERFORMANCE UNLIMITED, INC., Plaintiff-Appellant, v. QUESTAR PUBLISHERS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 1, 1995.

Attorney(s) appearing for the Case

Louis A. Colombo (argued and briefed), Kathryn Young Connors (briefed), Baker & Hostetler, Cleveland, OH, H. Naill Falls, Jr., Farris, Warfield & Kanaday, Nashville, TN, for plaintiff-appellant.

Peter A. Smit (argued), Kevin A. Rynbrandt (briefed), Varnum, Riddering, Schmidt & Howlett, Grand Rapids, MI, Robert G. McDowell, Baker, Donelson, Bearman & Caldwell, Nashville, TN, for defendant-appellee.

Before: MILBURN, RYAN, and GODBOLD, Circuit Judges.

MILBURN, Circuit Judge.

This is a case of first impression in this circuit involving the question of whether a district court can issue a preliminary injunction under § 3 of the Federal Arbitration Act, 9 U.S.C. § 3 (1982), when the parties to this action have agreed that arbitration "shall be the sole and exclusive remedy for resolving any disputes between the parties arising out of or involving [the] Agreement" sued upon. Plaintiff Performance Unlimited...

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